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High Court of DelhiBAIL APPLN./1087/2017

Anil Passi v. The State Govt Of NCT Of Delhi

2017-05-31Hon'Ble Mr. Justice R.K.Gauba2 pages

$~26 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1087/2017 ANIL PASSI ..... Petitioner Through:

Mr. Hanumant Sakhuja, Mr.

Siddharth Gaurav & Mr. Akshay Kr.

Verma, Advs.

versus THE STATE GOVT OF NCT OF DELHI ..... Respondent Through:

Mr. Akshai Malik, APP for State with SI Malti, PS Model Town.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 31.05.2017 Crl.M.A. 9701/2017 Allowed, subject to all just exceptions.

BAIL APPLN. 1087/2017 Status report filed. Heard. The investigation file has been perused. The prime allegations of the prosecutrix constituting the offence under Section 376 IPC are directed against Sourabh Passi, son of the petitioner herein. They relate to the period of January, 2017. The allegations against the petitioner essentially pertain to 18th March,2 017 when the prosecutrix claims to have visited the house of the petitioner. There is no explanation as to the purpose of such visit by her.

Be that as it may, in the context of what happened at the time of such visit she accuses the petitioner and his son-in-law sexually assaulting her. There is no description of the actual acts committed by the petitioner or the person assisting him whether or not the acts committed amounted to sexual BAIL APPLN. 1087/2017

assault is matter of opinion which can be gathered only if the event is properly described.

In the facts and circumstances, the petitioner deserves protection. It is directed that in the event of he being arrested the petitioner shall be released on bail on he furnishing personal bonds in the sum of Rs.20,000/- with one surety in like amount to the satisfaction of the arresting officer subject to the conditions that he shall continue cooperating with the investigation and join the same as and when called upon to do so and shall not come in contact with or try to influence any of the witnesses connected to the case. It is made clear that this order will inure only till the date of first appearance of the petitioner in the event of a charge-sheet being filed on conclusion of the investigation and process being issued against him by the court of cognizance.

Petition is thus, allowed.

Dasti under the signature of Court Master.

R.K.GAUBA, J MAY 31, 2017 nk BAIL APPLN. 1087/2017